Homeowners left ‘sick’ by neighbours’ 6ft high overgrown garden


Residents of a house in Nottinghamshire say they have been left “sick” by the sight of their neighbours’ overgrown garden after years of neglect.

Mandy Evans, 59, moved into the property in Newark with her friend Fredrick Western, 71, around two years ago and found the next door garden had already started to encroach into theirs. Evans said the “disgusting” mess has now grown six feet tall and peers into their garden.

She contacted Newark and Sherwood District Council to ask for their support with the situation, considering the property is a council house and the residents are believed to be a couple in their 80s. But Evans accused the council of doing a “cowboy job” when they visited a year-and-a-half ago, and only managed to gain access from her garden as the site was impossible to walk through.

Mandy Evans and Fredrick Western are annoyed that the council won’t sort out their neighbours’ garden. (SWNS)

Evans was planning to change the old fence dividing the houses but needs her neighbours’ garden to be cleared before she could do any of the work. But she says the council has done nothing to tackle the problem garden that is affecting her own property on Staunton Road.

Evans said: “This whole situation is making me feel sick, I definitely feel disappointed by the council. Two years later it’s nearly six foot high, the whole of the garden, it’s disgusting.

“Something needs doing because, in the end, it is going to damage the fencing of ours. It is coming through the fencing, underneath and everything like that, it is peeping through and it is our space.

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“We have got animals and brambles are very prickly. We have no choice but to rely on the council to do it for the tenants.”

Lee Brazier, portfolio holder at Newark and Sherwood District Council, said: “At the district council we take our responsibility to our tenants extremely seriously. We are aware of the situation and, due to GDPR legislation, we are unable to comment on specific cases and individuals.

“As is often the case with these types of things there are some ongoing circumstances which our excellent team are supporting the tenants with. I am confident that our tenancy officer team are going above and beyond to support those involved.”

The garden is at the back of a house where a couple in their 80s are believed to be living. (SWNS)

The garden is at the back of a house where a couple in their 80s are believed to be living. (SWNS)

An untidy garden is something that can be annoying – but there won’t be much you can do about it. However, if you believe your neighbour’s garden has gone from untidy to overgrown, you may be able to go down a legal path to fix the issue.

A simple conversation with your neighbour should be your first line of action. It could be the case that they are unable to fix the issue themselves or unable to pay for someone to do it. It may be the case that an agreement can still be come to without the issue escalating.

If a neighbour simply refuses to cut back their overgrown garden, you may be able to take the matter further – especially if the overgrown garden causes problems on your property. It may be that overgrown trees or weeds amount to a public nuisance – in which case, you can report it to your local council’s Environmental Health department. They can then pursue legal action under the Environmental Protection Act 1990 and the Clean Neighbourhoods and Environment Act 2005.

You could be prosecuted for trespass if you attempt to take action yourself. However, you are entitled to prune or remove anything that encroaches onto your side of the boundary. The law states that you should offer the clippings back to your neighbour before disposing of them.

Some trees may be subject to preservation orders and therefore you could be fined if you remove anything other than dead wood. In this case, you would need permission from the council.

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